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a. The actions, proceedings, authority, and orders of the department shall at all times be regarded as in their nature judicial, and be treated as prima facie just and legal.
b. In any action or proceeding the right of such department or police department to make any order or cause the execution thereof, shall be presumed.
c. All meetings of the board shall in every action and proceeding be taken to have been duly called and regularly held, and all orders and proceedings to have been duly authorized, unless the contrary be proved.
Copies of the records of the proceedings of the department or board, of the rules, regulations, by-laws and books and papers, constituting part of their archives and at any time in force in the city, when authenticated by the secretary or secretary pro tempore of the department, shall be presumptive evidence of the facts, statements and recitals therein contained, and the authentication taken as presumptively correct, in any court of justice or judicial proceeding, when they may be relevant to the point or matter in controversy.
a. Any justice of the supreme court of the first or second department, or who is holding court or chambers therein, upon the written application of the commissioner, may issue his or her order by him or her subscribed, for the examination without unreasonable delay by or before such justice of any person or persons, and the production of books or papers or the inspection and taking of copies of the whole or parts thereof, at a time and place within the city, and in such order to be named, provided it shall appear to the satisfaction of such justice or court that any matter or point affecting life or health is involved. It shall be the duty of such justice to take or superintend such examination, which shall be under oath, and shall be signed by the party or parties examined and be certified by the justice, and with any copies of books or papers, to be delivered to the department for the use of the department.
b. Such examination, and any proceeding connected therewith, or under such order, may wholly or in part be had, conducted or continued by or before any other of such justices, as well as that one who made the order; and in and about the same, every such justice shall have as full power and authority to punish for contempt, and enforce obedience to such or other order or direction or that of any other judge respecting the matter as any such justice of the supreme court may now have, or shall possess, to enforce obedience or punish contempt in any case or matter whatsoever. Such application shall name or describe the person or persons whose examination is sought, and so far as possible the books or papers desired to be inspected, and the matter or points affecting life or health as to which the commissioner requests the examination to take place, and the justice shall on the proceedings, decide what questions are pertinent and allowable in respect thereto, and shall require the same to be properly answered; but no answer of any person so examined shall be used in any criminal proceeding. Service of any order of any such justice may be made, and the same proved in the same manner as the service of either an injunction or a subpoena. And it shall be the duty of the justice to facilitate the early determination of the proceedings.
Upon the application of any party in interest in any matter pending examination before the department, by affidavit, stating the grounds of such application, to any judge of a court of record, and asking that any person or persons therein named shall appear before the department, or any person taking or about to take such examination, at some time or times and place to be stated in the affidavit, it shall be the duty of such judge, if he or she shall discover reasonable cause so to do, to issue his or her order requiring such person or persons named to appear and submit to such examination as, and to the extent such order may state, at the time and place to be in the order named; and the order, signed by such judge, may be served, and shall in all respects be obeyed as a subpoena duly issued. A refusal to submit to the proper examination may be punished by such judge or by any judge of such court as a contempt of court, upon the facts as to such refusal being brought before any such judge by affidavit.
Every person, corporation, or body that shall violate or not conform to any provisions of the health code of the city of New York, or any rule or sanitary regulation duly made, shall be liable to pay a penalty not exceeding the maximum amount allowed by the health code of the city of New York, or any other applicable law, rule or regulation. The judge, justice, administrative law judge or hearing examiner who presided at a trial or hearing where such penalty is determined and assessed shall fix, in writing, the amount of the penalty to be recovered, and shall direct that such amount be included in the judgment or decision.
Every person, corporation, or body that shall violate or not conform to any provisions of the health code of the city of New York or any applicable law, rule or regulation pertaining to the eradication of rodents, the elimination of rodent harborages or other rodent related nuisances shall be liable to pay a civil penalty of not less than three hundred dollars for the first violation. The penalty for each subsequent violation of the same provision of law, rule or regulation, at the same premises and under the same ownership or control, within a two-year period, shall be double the amount of the previous violation; provided, however, that such penalty shall not exceed the maximum allowable penalty set forth in section 17-133 of this code. Such penalties may be sued for and recovered by and in the name of the department, with costs, before any judge, justice, administrative law judge or hearing examiner in the city having jurisdiction of such or similar actions. The judge, justice, administrative law judge or hearing examiner who presided at a trial or hearing where such penalty is determined and assessed shall fix, in writing, the amount of the penalty to be recovered, and shall direct that such amount be included in the judgment or decision.
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